Texas 2009 - 81st Regular

Texas Senate Bill SB2410 Compare Versions

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1	1	S.B. No. 2410
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Twin Lakes Municipal Utility
6	6	District No. 1 of Kaufman County; providing authority to impose a
7	7	tax and issue bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8310 to read as follows:
11	11	CHAPTER 8310. TWIN LAKES MUNICIPAL UTILITY DISTRICT NO. 1 OF
12	12	KAUFMAN COUNTY
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8310.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Director" means a board member.
17	17	(3) "District" means the Twin Lakes Municipal Utility
18	18	District No. 1 of Kaufman County.
19	19	Sec. 8310.002. NATURE OF DISTRICT. The district is a
20	20	municipal utility district created under Section 59, Article XVI,
21	21	Texas Constitution.
22	22	Sec. 8310.003. CONFIRMATION AND DIRECTORS' ELECTION
23	23	REQUIRED. The temporary directors shall hold an election to
24	24	confirm the creation of the district and to elect five permanent
25	25	directors as provided by Section 49.102, Water Code.
26	26	Sec. 8310.004. CONSENT OF MUNICIPALITY REQUIRED. The
27	27	temporary directors may not hold an election under Section 8310.003
28	28	until each municipality in whose corporate limits or
29	29	extraterritorial jurisdiction the district is located has
30	30	consented by ordinance or resolution to the creation of the
31	31	district and to the inclusion of land in the district.
32	32	Sec. 8310.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
33	33	(a) The district is created to serve a public purpose and benefit.
34	34	(b) The district is created to accomplish the purposes of:
35	35	(1) a municipal utility district as provided by
36	36	general law and Section 59, Article XVI, Texas Constitution; and
37	37	(2) Section 52, Article III, Texas Constitution, that
38	38	relate to the construction, acquisition, improvement, operation,
39	39	or maintenance of macadamized, graveled, or paved roads, or
40	40	improvements, including storm drainage, in aid of those roads.
41	41	Sec. 8310.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act creating this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	[Sections 8310.007-8310.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8310.051. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 8310.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8310.052. TEMPORARY DIRECTORS. (a) The temporary
61	61	board consists of:
62	62	(1) Lisa Pray;
63	63	(2) Ruth (Rannie) Everett;
64	64	(3) Christopher T. Guido;
65	65	(4) Jonathan E. Neubauer; and
66	66	(5) Joy D. Crow.
67	67	(b) Temporary directors serve until the earlier of:
68	68	(1) the date permanent directors are elected under
69	69	Section 8310.003; or
70	70	(2) the fourth anniversary of the effective date of
71	71	the Act creating this chapter.
72	72	(c) If permanent directors have not been elected under
73	73	Section 8310.003 and the terms of the temporary directors have
74	74	expired, successor temporary directors shall be appointed or
75	75	reappointed as provided by Subsection (d) to serve terms that
76	76	expire on the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8310.003; or
79	79	(2) the fourth anniversary of the date of the
80	80	appointment or reappointment.
81	81	(d) If Subsection (c) applies, the owner or owners of a
82	82	majority of the assessed value of the real property in the district
83	83	may submit a petition to the Texas Commission on Environmental
84	84	Quality requesting that the commission appoint as successor
85	85	temporary directors the five persons named in the petition. The
86	86	commission shall appoint as successor temporary directors the five
87	87	persons named in the petition.
88	88	[Sections 8310.053-8310.100 reserved for expansion]
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8310.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8310.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8310.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8310.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8310.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	Sec. 8310.106. LIMITATION ON USE OF EMINENT DOMAIN. The
124	124	district may not exercise the power of eminent domain outside the
125	125	district to acquire a site or easement for:
126	126	(1) a road project authorized by Section 8310.103; or
127	127	(2) a recreational facility as defined by Section
128	128	49.462, Water Code.
129	129	Sec. 8310.107. DIVISION OF DISTRICT. (a) The district may
130	130	be divided into two or more new districts only if the district:
131	131	(1) has no outstanding bonded debt; and
132	132	(2) is not imposing ad valorem taxes.
133	133	(b) This chapter applies to any new district created by the
134	134	division of the district, and a new district has all the powers and
135	135	duties of the district.
136	136	(c) Any new district created by the division of the district
137	137	may not, at the time the new district is created, contain any land
138	138	outside the area described by Section 2 of the Act creating this
139	139	chapter.
140	140	(d) The board, on its own motion or on receipt of a petition
141	141	signed by the owner or owners of a majority of the assessed value of
142	142	the real property in the district, may adopt an order dividing the
143	143	district.
144	144	(e) The board may adopt an order dividing the district
145	145	before or after the date the board holds an election under Section
146	146	8310.003 to confirm the district's creation.
147	147	(f) An order dividing the district shall:
148	148	(1) name each new district;
149	149	(2) include the metes and bounds description of the
150	150	territory of each new district;
151	151	(3) appoint temporary directors for each new district;
152	152	and
153	153	(4) provide for the division of assets and liabilities
154	154	between or among the new districts.
155	155	(g) On or before the 30th day after the date of adoption of
156	156	an order dividing the district, the district shall file the order
157	157	with the Texas Commission on Environmental Quality and record the
158	158	order in the real property records of each county in which the
159	159	district is located.
160	160	(h) Any new district created by the division of the district
161	161	shall hold a confirmation and directors' election as required by
162	162	Section 8310.003.
163	163	(i) Municipal consent to the creation of the district and to
164	164	the inclusion of land in the district granted under Section
165	165	8310.004 acts as municipal consent to the creation of any new
166	166	district created by the division of the district and to the
167	167	inclusion of land in the new district.
168	168	(j) Any new district created by the division of the district
169	169	must hold an election as required by this chapter to obtain voter
170	170	approval before the district may impose a maintenance tax or issue
171	171	bonds payable wholly or partly from ad valorem taxes.
172	172	[Sections 8310.108-8310.150 reserved for expansion]
173	173	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	174	Sec. 8310.151. ELECTIONS REGARDING TAXES OR BONDS.
175	175	(a) The district may issue, without an election, bonds and other
176	176	obligations secured by:
177	177	(1) revenue other than ad valorem taxes; or
178	178	(2) contract payments described by Section 8310.153.
179	179	(b) The district must hold an election in the manner
180	180	provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	181	before the district may impose an ad valorem tax or issue bonds
182	182	payable from ad valorem taxes.
183	183	(c) The district may not issue bonds payable from ad valorem
184	184	taxes to finance a road project unless the issuance is approved by a
185	185	vote of a two-thirds majority of the district voters voting at an
186	186	election held for that purpose.
187	187	Sec. 8310.152. OPERATION AND MAINTENANCE TAX. (a) If
188	188	authorized at an election held under Section 8310.151, the district
189	189	may impose an operation and maintenance tax on taxable property in
190	190	the district in accordance with Section 49.107, Water Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 8310.153. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	[Sections 8310.154-8310.200 reserved for expansion]
203	203	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	204	Sec. 8310.201. AUTHORITY TO ISSUE BONDS AND OTHER
205	205	OBLIGATIONS. The district may issue bonds or other obligations
206	206	payable wholly or partly from ad valorem taxes, impact fees,
207	207	revenue, contract payments, grants, or other district money, or any
208	208	combination of those sources, to pay for any authorized district
209	209	purpose.
210	210	Sec. 8310.202. TAXES FOR BONDS. At the time the district
211	211	issues bonds payable wholly or partly from ad valorem taxes, the
212	212	board shall provide for the annual imposition of a continuing
213	213	direct ad valorem tax, without limit as to rate or amount, while all
214	214	or part of the bonds are outstanding as required and in the manner
215	215	provided by Sections 54.601 and 54.602, Water Code.
216	216	Sec. 8310.203. BONDS FOR ROAD PROJECTS. At the time of
217	217	issuance, the total principal amount of bonds or other obligations
218	218	issued or incurred to finance road projects and payable from ad
219	219	valorem taxes may not exceed one-fourth of the assessed value of the
220	220	real property in the district.
221	221	SECTION 2. The Twin Lakes Municipal Utility District No. 1
222	222	of Kaufman County initially includes all the territory contained in
223	223	the following area:
224	224	Being a tract of land situated in the Philip Walker Survey,
225	225	Abstract No. 569, Kaufman County, Texas and being a portion of that
226	226	certain tract of land described in deed to McDowell Clan Limited
227	227	Company as recorded in Volume 1648, Page 39, in the Deed Records of
228	228	Kaufman County, Texas and being a portion of that certain tract of
229	229	land described in deed to Integra Land Company as recorded in
230	230	Article 7258, Book 2174, Page 639, in the Deed Records of Kaufman
231	231	County, Texas being more particularly described by metes and bounds
232	232	as follows:
233	233	BEGINNING at the South corner of said McDowell Clan Limited
234	234	Company tract, the northwesterly right-of-way line of F.M. 2728
235	235	(100' Right Of Way) and the centerline of County Road Number 139
236	236	(60' Right Of Way);
237	237	THENCE North 44 42' 03" West, along the centerline of said
238	238	County Road 139, a distance of 5,402.72', more or less to a point
239	239	for corner in the east line of the extraterritorial jurisdiction
240	240	line of the City of Oak Ridge;
241	241	THENCE North 1119'07" East, along the east line of said City
242	242	of Oak Ridge extraterritorial jurisdiction limits, a distance of
243	243	2,834.58', more or less, to a point for corner in the southeasterly
244	244	line of a tract described in deed to Annie Allen recorded in Volume
245	245	541, Page 646, in the Deed Records of Kaufman County, Texas.
246	246	THENCE North 45 20' 59" East, along the southeasterly line of
247	247	said Annie Allen tract, a distance of 1,417.30', more or less, to a
248	248	point for corner, said point also being the West corner of said
249	249	Integra Land Company tract;
250	250	THENCE North 45 20' 59" East, along Northwest line of said
251	251	Integra Land Company tract a distance of 3755.10' to a point for
252	252	corner being in the centerline of Abner Road (60' Right Of Way);
253	253	THENCE South 44 41' 37" East, along the centerline of said
254	254	Abner Road, a distance of 287.01' to a point for corner, said point
255	255	also being the North corner of Lot 101, Lago Vista Estates, Phase 2,
256	256	an addition in Kaufman County, recorded in Cabinet 2, Slide 556 in
257	257	the Plat Records of Kaufman County, Texas;
258	258	THENCE South 4810'08" West along the north boundary line of
259	259	said Lot 101 a distance of 380.47 feet to a point for corner;
260	260	THENCE South 44 41' 37" East along Northeast line of said
261	261	Integra Land Company tract a distance of 2004.30' to a point for
262	262	corner;
263	263	THENCE North 45 18' 23" East a distance of 380.00' to a point
264	264	for corner, in the centerline of said Abner Road;
265	265	THENCE South 44 41' 37" East, along the centerline of said
266	266	Abner Road, a distance of 60.00' to a point for corner;
267	267	THENCE South 45 18' 23" West a distance of 380.00' to a point
268	268	for corner;
269	269	THENCE South 44 41' 37" East, along southwest line of said
270	270	Lago Vista Estates, Phase One distance of 2205.95' to a point for
271	271	corner;
272	272	THENCE North 45 18' 23" East, a distance of 80.00' to a point
273	273	for corner;
274	274	THENCE North 41 29' 32" East, a distance of 150.33' to a point
275	275	for corner;
276	276	THENCE North 45 18' 23" East, a distance of 150.00' to a point
277	277	for corner, in the centerline of the aforementioned Abner Road;
278	278	THENCE South 44 41' 37" East, along the centerline of said
279	279	Abner Road, a distance of 80.00' to a point for corner;
280	280	THENCE South 45 18' 23" West, a distance of 150.00' to a point
281	281	for corner;
282	282	THENCE South 49 07' 14" West, a distance of 150.33' to a point
283	283	for corner;
284	284	THENCE South 45 18' 23" West, a distance of 80.00' to a point
285	285	for corner;
286	286	THENCE South 44 41' 37" East, a distance of 1798.38 to a point
287	287	for corner;
288	288	THENCE North 45 18' 23" East, a distance of 380.00' to a point
289	289	for corner in the centerline of the aforementioned Abner Road;
290	290	THENCE South 44 41' 37" East, along the centerline of said
291	291	Abner Road, a distance of 222.91' to a point for corner;
292	292	THENCE South 06 24' 39" West, a distance of 102.99' to a point
293	293	for corner at the beginning of a curve to the right having a central
294	294	angle of 25 01' 28", a radius of 1393.19', and a chord bearing and
295	295	distance of South 18 54' 05" West, 603.66';
296	296	THENCE along said curve to the right and along the centerline
297	297	of the aforementioned FM 2728, an arc distance of 608.48' to a point
298	298	for corner at the end of said curve;
299	299	THENCE North 66 30' 28" West, a distance of 366.11' to a point
300	300	for corner;
301	301	THENCE South 45 21' 30" West, a distance of 1907.40' to a
302	302	point for corner;
303	303	THENCE South 44 38' 25" East, a distance of 380.39' to a point
304	304	for corner, on the northwesterly right-of-way line of said FM 2728;
305	305	THENCE South 45 09' 31" West, along the northwesterly
306	306	right-of-way line of FM 2728 a distance of 60.00' to a point for
307	307	corner;
308	308	THENCE North 44 38' 26" West, a distance of 380.60' to a point
309	309	for corner;
310	310	THENCE South 45 20' 08" West, a distance of 1,029.99' to a
311	311	point for corner;
312	312	THENCE South 44 42' 03" East, a distance of 383.85' to a point
313	313	for corner;
314	314	THENCE South 45 09' 31" West, along northwest right of way
315	315	line of said F.M. 2728 a distance of 425.38' to a point for corner;
316	316	THENCE South 45 30' 39" West, along the northwesterly
317	317	right-of-way line of FM 2728, a distance of 2113.60' to a point for
318	318	corner;
319	319	THENCE South 45 31' 34" West, along the northwesterly
320	320	right-of-way line of FM 2728, a distance of 799.26' to a point for
321	321	corner;
322	322	THENCE South 45 29' 50" West, along the northwesterly
323	323	right-of-way line of FM 2728, a distance of 429.60 to the POINT OF
324	324	BEGINNING of the herein described tract, and containing 1,084.0
325	325	acres of land, more or less.
326	326	SECTION 3. (a) The legal notice of the intention to
327	327	introduce this Act, setting forth the general substance of this
328	328	Act, has been published as provided by law, and the notice and a
329	329	copy of this Act have been furnished to all persons, agencies,
330	330	officials, or entities to which they are required to be furnished
331	331	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
332	332	Government Code.
333	333	(b) The governor, one of the required recipients, has
334	334	submitted the notice and Act to the Texas Commission on
335	335	Environmental Quality.
336	336	(c) The Texas Commission on Environmental Quality has filed
337	337	its recommendations relating to this Act with the governor, the
338	338	lieutenant governor, and the speaker of the house of
339	339	representatives within the required time.
340	340	(d) All requirements of the constitution and laws of this
341	341	state and the rules and procedures of the legislature with respect
342	342	to the notice, introduction, and passage of this Act are fulfilled
343	343	and accomplished.
344	344	SECTION 4. This Act takes effect immediately if it receives
345	345	a vote of two-thirds of all the members elected to each house, as
346	346	provided by Section 39, Article III, Texas Constitution. If this
347	347	Act does not receive the vote necessary for immediate effect, this
348	348	Act takes effect September 1, 2009.
349	349	______________________________ ______________________________
350	350	President of the Senate Speaker of the House
351	351	I hereby certify that S.B. No. 2410 passed the Senate on
352	352	April 30, 2009, by the following vote: Yeas 31, Nays 0.
353	353	______________________________
354	354	Secretary of the Senate
355	355	I hereby certify that S.B. No. 2410 passed the House on
356	356	May 25, 2009, by the following vote: Yeas 144, Nays 0, two
357	357	present not voting.
358	358	______________________________
359	359	Chief Clerk of the House
360	360	Approved:
361	361	______________________________
362	362	Date
363	363	______________________________
364	364	Governor